2228. Adulteration and misbranding of canned asparagus.    U. S. v. 24 Cases of
Canned  Asparagus;    Default  decree  of  condemnation  and  destruction.
(F. D. C. No. 5211.    Sample No. 50S51-E.)
Examination showed that this product consisted principally of the lower 
inedible portions of the asparagus sprout.
On July 24, 1941, the United States attorney for the District of Columbia 
filed a libel against 24 cases, each containing 6 No. 10 cans, of asparagus at Wash- 
ington, D. C, alleging that the article had been shipped on or about July 9, 1941, 
by Security Warehouse Co. from Atlanta, Ga.; and charging that it was adulterated 
and misbranded. It was labeled in part: "Eatmore Green Center Cuts Aspar- 
agus    *    *   *   Packed For Eatmore Distributing Co. Atlanta, Ga."
The article was alleged to be adulterated in that the lower inedible portions 
of the asparagus sprout had been substituted wholly or in part for edible 
asparagus.
It was alleged to be misbranded in that it purported to be a food for which 
a definition and standard of identity had been prescribed by regulations as 
provided by law, but it failed to conform to such definition and standard since 
it did not consist of the edible portions of sprouts of the asparagus plant.
On August 15, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was1 ordered destroyed.